R N v J S [2014] KEHC 8398 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

DIVORCE CAUSE NO. 210 OF 2013

R N..........................………….PETITIONER

VERSES

J S.............................…......RESPONDENT

JUDGMENT

The petitioner R N and respondent J S got married on 28th May 2012 under the Marriage Act (Cap 150).  Two days after the marriage in Nairobi, the respondent left for London in the U.K. and has not returned since.  For the two days that the couple was in Kenya, the marriage was not consummated as the parties were living separately.  The couple has since lived apart.  The respondent has refused that the petitioner follows him to London.

The evidence of the petitioner was unchallenged as there was no response to the petition.

On basis of lack of consummation, the marriage between the petitioner and the respondent is declared null and void.

DATED and DELIVERED at NAIROBI this 17th July 2014.

A.O. MUCHELULE

JUDGE